RFP for BHOPAL & Narmadapuram Division - Madhya Pradesh ...
RFP for BHOPAL & Narmadapuram Division - Madhya Pradesh ... RFP for BHOPAL & Narmadapuram Division - Madhya Pradesh ...
1.9 Authorized RepresentativesAny action required or permitted to be taken, and any document required or permitted to beexecuted, under this Contract by the Employer or the Consultants may be taken or executed bythe authorized representative.1.10 Taxes and DutiesThe Consultants shall pay all such taxes, duties, fees and other impositions as may be leviedunder the Applicable Law.2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OFCONTRACT2.1 Effectiveness of ContractThis Contract shall come into force and effect on the date of the Employer’s notice to theConsultants instructing the Consultants to begin carrying out the Services.2.2 Termination of Contract for Failure to Become EffectiveIf this Contract has not become effective within such time period after the date of the Contractsigned by the Parties as shall be specified in the SC, either Party may, by not less than two (2)months written notice to the other Party, declare this Contract to be null and void, and in the eventof such a declaration by either Party, neither Party shall have any claim against the other Partywith respect hereto.2.3 Commencement of ServicesThe Consultants shall begin carrying out the Services at the end of such time period after theEffective Date.2.4 Expiration of ContractUnless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire whenservices have been completed and all payments have been made at the end of such time periodafter the Effective Date.2.5 Entire AgreementThis Contract contains all covenants, stipulations and provisions agreed by the Parties. No agentor representative of either Party has authority to make, and the Parties shall not be bound by or beliable for, any statement, representation, promise or agreement not set forth herein.ADB-IV111
2.6 ModificationModification of the terms and conditions of this Contract, including any modification of the scopeof the Services, may only be made by written agreement between the Parties. Pursuant to ClauseGC 7.2 hereof, however, each party shall give due consideration to any proposals formodification made by the other Party.2.7 Force Majeure2.7.1 Definition(a) For the purposes of this Contract, “Force Majeure” means an event which is beyond thereasonable control of a Party, and which makes a Party’s performance of its obligationshereunder impossible or so impractical as reasonably to be considered impossible in thecircumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire,explosion, storm, flood or other adverse weather conditions, strikes, lockouts or otherindustrial action (except where such strikes, lockouts or other industrial action are within thepower of the Party invoking Force Majeure to prevent), confiscation or any other action bygovernment agencies.(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentionalaction of a Party or such Party’s Sub consultants or agents or employees, nor (ii) any eventwhich a diligent Party could reasonably have been expected to both (A) take into account atthe time of the conclusion of this Contract and (B) avoid or overcome in the carrying out ofits obligations hereunder.(c) Force Majuere shall not include insufficiency of funds or failure to make any paymentrequired hereunder.2.7.2 No Breach of ContractThe failure of a Party to fulfill any of its obligations hereunder shall not be considered to be abreach of, or default under, this Contract insofar as such inability arises from an event of ForceMajuere, provided that the Party affected by such an event has taken all reasonable precautions,due care and reasonable alternative measures, all with the objective of carrying out the terms andconditions of this Contract.2.7.3 Measures to be Taken(a) A party affected by an event of Force Majeure shall take all reasonable measures to removesuch Party’s inability to fulfill its obligations hereunder with a minimum of delay.(b) A party affected by an event of Force Maguire shall notify the other Party of such event assoon as possible, and in any event not later than fourteen (14) days following the occurrenceof such event, providing evidence of the nature and cause of such event, and shall similarlygive notice of the restoration of normal conditions as soon as possible.(c) The Parties shall take all reasonable measures to minimize the consequences of any event ofForce Majeure.ADB-IV112
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2.6 ModificationModification of the terms and conditions of this Contract, including any modification of the scopeof the Services, may only be made by written agreement between the Parties. Pursuant to ClauseGC 7.2 hereof, however, each party shall give due consideration to any proposals <strong>for</strong>modification made by the other Party.2.7 Force Majeure2.7.1 Definition(a) For the purposes of this Contract, “Force Majeure” means an event which is beyond thereasonable control of a Party, and which makes a Party’s per<strong>for</strong>mance of its obligationshereunder impossible or so impractical as reasonably to be considered impossible in thecircumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire,explosion, storm, flood or other adverse weather conditions, strikes, lockouts or otherindustrial action (except where such strikes, lockouts or other industrial action are within thepower of the Party invoking Force Majeure to prevent), confiscation or any other action bygovernment agencies.(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentionalaction of a Party or such Party’s Sub consultants or agents or employees, nor (ii) any eventwhich a diligent Party could reasonably have been expected to both (A) take into account atthe time of the conclusion of this Contract and (B) avoid or overcome in the carrying out ofits obligations hereunder.(c) Force Majuere shall not include insufficiency of funds or failure to make any paymentrequired hereunder.2.7.2 No Breach of ContractThe failure of a Party to fulfill any of its obligations hereunder shall not be considered to be abreach of, or default under, this Contract insofar as such inability arises from an event of ForceMajuere, provided that the Party affected by such an event has taken all reasonable precautions,due care and reasonable alternative measures, all with the objective of carrying out the terms andconditions of this Contract.2.7.3 Measures to be Taken(a) A party affected by an event of Force Majeure shall take all reasonable measures to removesuch Party’s inability to fulfill its obligations hereunder with a minimum of delay.(b) A party affected by an event of Force Maguire shall notify the other Party of such event assoon as possible, and in any event not later than fourteen (14) days following the occurrenceof such event, providing evidence of the nature and cause of such event, and shall similarlygive notice of the restoration of normal conditions as soon as possible.(c) The Parties shall take all reasonable measures to minimize the consequences of any event ofForce Majeure.ADB-IV112
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